I need to add that I was aware of the marriage, but they have had trouble in their marriage and had filed for divorce prior to our interaction, went to counseling on and of for 9 years. I did not intend to seperate them. We just had a real soulful connection and have remained friends. She had found a voicemail in his phone of me telling him that I loved him, but that was it. Is this evidence enough?
His wife can not sue you for adultery. Adultery is having sex with someone other than your spouse and is a crime in NC. Criminal conversation is sex. All that has to be proven is that the they were not divorced and that the act occured. She can possibly however sue you for Alienation of Affection. If there was a viable marriage and you interferred with that by alienating her husband affections for her. The phone calls, text messages and e-mail could be proof of that. I’m not sure what the CA law is on this but since this person is in NC, it’s quite possible that she could win if she has the proof.
You don’t understand, we NEVER had sex. We haven’t even seen each other in 13 years.
She can NOT sue you for adultery, or criminal conversation as both of those both involve sex. She CAN sue you for alienation of affection if she has proof that you were alienating her husbands affection for her. There were e-mails, phone calls, text messages. That would be her proof. It makes no difference that they were having problems in their marriage, they were not separated and this was an emotional affair, not physical so she can sue you for alienation of affection. You may have been able to defend against this suit but as you have already stated, you knew he was married.
This is from the home site:
"Alienation of Affection
An action for alienation of affection, on the other hand, does not require proof of extramarital sex. Despite this difference, an alienation claim tends to be more difficult to establish because it is comprised of more elements and there are some additional defenses. To succeed on an alienation claim, the plaintiff has to show that (1) the marriage entailed love between the spouses in some degree; (2) the spousal love was alienated and destroyed; and (3) defendant
Does it matter that he informed her that he wanted a divorce and she gave verbal consent to allow him to see other people.
Thanks for your advice.
I think that would depend on whether or not he informed her of his intent, to move out for separation to begin so that a divorce could be filed for in one year, before he had contact with you. If she can prove that you and her husband had contact before he informed her of his intent and before she gave her consent, you have no defense.
Hopefully an attorney will respond because I believe that she may still have a case if they are not separated…
I think she does, anyways. I was just hoping for a loophole.
Thanks
Is it still legal for us to continue talking or is this just more ammo for her? Do we have to wait the year?
Dear ac209:
Greetings. If he lives in NC, how is he not a resident?
The Wife cannot file for adultery, although she can ask the District Attorney to file against her husband for adultery here in NC. You need to speak with a criminal attorney on the adultery issue.
Your friend’s spouse may have a claim against you for alienation of affection though. She could sue you for damages, yes. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Does this mean I can no longer legally talk to him? Should i wait for his divorce to be final. When it is final, does that mean that we could start talking again?
Dear ac209:
Greetings. Talking to someone is not criminal conversation, only having sex with them is criminal conversation. Alienation of affections however starts counting the clock for the statute of limitation from the date of divorce (by current/recent case law). Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
quote:
[i]Originally posted by JanetFritts[/i]Alienation of affections however starts counting the clock for the statute of limitation from the date of divorce (by current/recent case law).
Thank you so much, Janet.
Could you elaborate on/clarify the above? Are the NC courts now deeming that the date of divorce is when the “clock starts ticking” on the three-year statute of limitations for AA? I understood it to be case-specific, but in most cases, the date the two spouses separated is used. Am I misinformed?
If the above is true, wouldn’t that mean that anyone a divorced person dated at anytime during the three years after divorce could be at risk of having to defend themselves against an AA lawsuit?
I have got very confused with all said here. First, in NC apparently adultery is not anymore a crime. I am living now a paradigm where appears that a whole courthouse is against me b/se I sued my wife for child custody due to her confessing adultery with a coworker back in April. On October she set me up with a 50b lying all along that I hit her in a parking lot and tried to get custody that way. Judge ruled restriction against me for her but allowed the custody case to keep going. That day she appeared in court with the man she confesed to be in love, both tried to incite fight but I stood still for such display of disrespect to human dignity.(I believe they are now living together)
A week after, in my hearing case, I was allowed to have “supervised visitations” and both, her and me have to go for psychological evaluation. The judge in this case ruled on behalf of her attorney anc choose her choice for the psychoilogist. I am now believing that adultery is no longer taken as a offensive, or is that the law here goes for those paying expensive attorneys like she is doing. Please, let me know what do you think!
Also, I want to make my case hear by another judge since this judge appears to be biased, how I can do that? I scheduled in 8 days a hearing with a differnt judge and want him to accept hear the case and I will also say that the previous judge had apologized for not been clear on the child visitations, the reason I had to speak with her thinking she would have had calm down(BIG mistake I made). She is more scornful than ever. BTW, I am Pro Se in the custody case.
I currently live in CA and the person I have been talking to lives in NC. (he is not a resident) He is married, we have never had sex or any physical contact. He was a friend that I reconnected with recently and we have had discussion about our feelings and that we love each other, but have never had any physcial contact. The wife found out and told me that she will be suing me for adultry. All we have done is talk via phone, text and e-mail, can this be considered adultry, alination of affections, or criminal conversation? Can she come after me for damages?